Non-Competes To Become Non-Existent in D.C.

The Ban on Non-Compete Amendments Act of 2020 (the Act) is a sweeping piece of legislation that effectively bans the use of all non-compete agreements in the District of Columbia, regardless of income level.  Once effective, the Act will: Prohibit the use and enforcement of non-compete agreements for all employees working in D.C., with limited exception; Prohibit anti-moonlighting and other workplace policies that prohibit an employee from...
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D.C. City Council Passes Ban on Non-Competition Agreements

Vincent Jackson
Vincent Jackson
12/23/2020
Last week, the D.C. City Council passed one of the most sweeping bans on non-competition agreements in the country.  The bill (B23-0494), which passed 12-0, would prohibit non-compete agreements for nearly all employees working in the District of Columbia, with an exception for certain medical professionals.    Notably, the bill does not merely ban non-compete agreements for subsequent employment; it also bans non-compete agreements for...
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Case Dismissed: Judge Rules Allied Fire Can’t Compete in Court

A case decided this week by a Maryland federal court highlights the importance of careful drafting when it comes to non-compete agreements. Allied Fire Protection, Inc. v. Huy Thai, No. 17-551 (D. Md. 10/2/17).  In this case, Allied Fire Protection sought to enforce such an agreement when defendant Thai, a high-level employee, left to join Allied’s competitor.  Specifically, the agreement prohibited Thai from directly or indirectly engaging in...
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Virginia Court Strikes Down Homebuilder's Non-Compete Agreement

On February 14, 2017, a federal judge denied a home builders’ motion for a preliminary injunction to stop a former employee covered by a non-compete agreement from working for a competing builder.  Applying Virginia law, Judge Liam O’Grady of the United States District Court for the Eastern District of Virginia, Alexandria Division, ruled that the geographic scope of the non-compete was overbroad and, therefore, the agreement was invalid.  NVR,...
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President Signs Federal Trade Secrets Act

Randi Klein Hyatt
Randi Klein Hyatt
05/19/2016
This past week, President Obama signed into law the Defend Trade Secrets Act of 2016, which can be found here.  The Act creates a federal cause of action for trade secret misappropriation, and complements the many state laws (typically based on the Uniform Trade Secrets Act) already in effect. The Act provides a claimant a number of strong tools. Perhaps most importantly, it allows for the ex parte seizure of the claimed trade secret upon affidavit...
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